Resources

Pros and Cons of Cost-Plus vs. Fixed Price Contracts

Lump sum and cost-plus contracts for construction projects offer. different protections and incentives for both owners and contractors. With today’s economic pressures, it is important that project. participants know the factors to consider in choosing between these. pricing approaches and to understand the advantages and disadvantages to each. The current economic situation has imposed great strains on the. construction market.

Preventing and Managing Construction Claims

How can you maximize (or minimize) recovery in the event of a claim? Whether you are an owner, a contractor or a design professional - or their counsel - this might be the most important question you ask yourself before starting a new project.

Owner Construction Risk: How a Controlled Insurance Program Can Protect Your Assets

Owners and contractors have been subject to increased litigation arising from risks created by construction operations. However, due to changes. in the insurance market, contractors are increasingly challenged to. secure insurance coverage to meet owner insurance requirements. As a. result, many owners have turned to incepting an owner-controlled. insurance program or relying on a contractor-controlled insurance. program to address the project risks.

Prevailing Wage Law: An Understanding of Davis-Bacon

Alleged violations of wage and hour laws have become a major source for the new wave of employment class actions, which often result in hundreds of thousands of dollars, and in many cases millions of dollars, of recoverable damages and attorneys’ fees awarded to the successful litigants and their attorneys – in addition to the substantial amount of legal fees and administrative costs incurred by employers in defending these actions.

Opportunities for Recycling Construction Waste and Demolition Debris

Nationally and internationally, sustainable building is taking hold. One part of sustainable building is reusing and recycling materials during construction and demolition. More and more projects are requiring the recycling of materials during construction and demolition, and contractors and others will need to know how to potentially meet this requirement.

Online Construction Bidding Fundamentals

Along with other technical innovations and tools available through the. internet, On-line Construction Bidding software is replacing the old fax machine solicitation and receipt method of locating, soliciting, receiving and evaluating bid quotes. This OnDemand Webinar reviews the. basic functions of bid solicitation, the traditional fax based approach. and what new internet based tools are now available on the market.

OSHA's Cranes and Derricks Standards Update: The Litigators' Perspective

Defense of crane litigation is inherently risky given the typical stakes in an accident scenario, whether involving personal injury (typically catastrophic in nature) or property damage. ThisOnDemand Webinar will orient those who defend crane litigation, whether manufacturers, architects, engineers, maintainers, lessors or otherwise to understand the new OSHA standards, what they mean, and how they can be used successfully toward defending such claims going forward.

Measuring Inefficiency in Construction

Efficiency is often the key to profitability. Conversely, inefficiency. boosts costs, busts budgets and kills profits. Given the consequences, understanding and managing the efficiency of construction is important. to everyone on the project – from the contractors, subcontractors and. suppliers that experience inefficiency to the owners and design. consultants whose actions can lead to inefficiencies.

Key Subcontracting Issues Including Flow-Down and Paid-if-Paid Provisions

The saying goes that two heads are better than one, and this is especially the case when pursuing government contract opportunities. It is a prime contract that has a contractor performing without any partners. Even large defense contractors with an extensive library of forms, however, can fall victim to certain traps that can lurk in the subcontract.

Job Order Contracting Fundamentals

Job order contracting is an alternative delivery method for facility renovation and remodel. It has been around since the 1990’s but is gaining in popularity as owners seek integrated project delivery solutions. But the unit price structure of JOC can be confusing for owners and contractors alike, and establishing a long-term contract like this requires some preparatory work beyond what is necessary for a single project.

International Green Construction Code: Making "Green" the Law

Many governmental entities are interested in mandating sustainable. building practices. To date, the typical approach is to require LEED®. certification. However, there are inherent drawbacks in this approach. since voluntary rating systems are not designed to impose minimum. mandatory requirements, as contemplated by building codes. In contrast, the ICC International Green Construction Code and ASHRAE.

International Building Code Chapter 7: Fire Resistance Rated Construction

Fire resistance rated construction is used to contain a fire, confine the effects of a fire, protect people and property, and provide structural stability during a fire event. Improper design or construction of fire rated assemblies could result in unexpected losses during a fire. Prescriptive codes, such as the International Building Code, contain a variety of requirements related to fire resistance rated construction.

Insurance Coverage Disputes and Construction Defects

This OnDemand Webinar has been prepared by two nationally recognized experts in construction law and insurance coverage. You will gain knowledge and insight based on practical experience of handling both the construction and insurance components of construction defect claims of all sizes, and implicating all types of insurance coverage, both first and third-party.

Implied Obligations in Construction Contracts

When parties enter into construction or design contracts there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation.

Green Construction Insurance: It's Getting Easier to Be Green

Am I covered for that? That is the question that every owner, architect, engineer, and contractor wants to know, but with green construction and design on the rise the answer is not as clear cut as it was a few years ago. Today, owners, architects, engineers, and contractors find themselves in a whole new world of green products, updated building codes, and new standards of design and construction, yet many still have the same insurance policies that they had five years ago.

Effective Quality Control and Quality Assurance

Delivering quality in building design and construction faces two major challenges. The first is that buildings are becoming ever more complex and less resilient against normal use. HVAC, Controls, and Lighting systems in even simple buildings can be quite challenging and innovative. Building enclosure technology is rapidly changing with new ideas such as rainscreen walls and air barriers.

Essential Concepts In Construction Contracting

This OnDemand Webinar is designed to educate persons responsible for construction contracting about project delivery systems, basic concepts and contract terms, and the allocation and avoidance of risk in construction contracts. Pitfalls for the unwary will be addressed, especially when using standard form agreements and informal contracting on small projects.

Documentation and Proof of Construction Delay

Time truly is money, especially in construction. Consequently, being able to determine and document delay is a crucial skill. This OnDemand Webinar will focus on the key terms, important contract provisions and the most successful approaches to the determination of delay. It will include a discussion of the importance of the critical path, the importance of the contemporaneous documentation and the pitfalls associated with discredited analytical techniques.